Late Completion. If as a result of any breach by the Tenant the Lease is not completed on the Completion Date then, without prejudice to any other rights of the Landlord:
(a) if the Deposit has been held as stakeholders it may at the option of the Landlord then be held as agent for the Landlord and the Landlord's Solicitors may immediately pay the same to the Landlord;
(b) the Tenant shall on demand pay interest on any sums due under this Agreement at the Contract Rate from the Completion Date until the later of completion and actual payment (after as well as before any judgment) calculated on a daily basis, both before and after any judgement; and
(c) the Tenant shall on demand pay the Landlord’s Solicitors proper and reasonable costs, including Value Added Tax, for preparing and serving any notice to complete on the Tenant [and the Tenant’s Surety].
Late Completion. Time is of the essence of the Contract Documents. Contractor agrees that Owner will suffer damage or financial loss if the Work is not completed on time or within any time extensions allowed in accordance with Section 5.06 of the General Conditions. Contractor and Owner agree that proof of the exact amount of any such damage or loss is difficult to determine. Accordingly, instead of requiring any such proof of damage or specific financial loss for late completion, Contractor agrees to pay the following sums to the Owner as liquidated damages and not as a penalty.
Late Completion. 7.2.1 If there is default by either or both of the parties in performing their obligations under the contract and completion is delayed, the party whose total period of default is the greater is to pay compensation to the other party.
7.2.2 Compensation is calculated at the contract rate on an amount equal to the purchase price, less (where the buyer is the paying party) any deposit paid, for the period by which the paying party's default exceeds that of the receiving party, or, if shorter, the period between completion date and actual completion.
7.2.3 Any claim for loss resulting from delayed completion is to be reduced by any compensation paid under this contract.
7.2.4 Where the buyer holds the property as tenant of the seller and completion is delayed, the seller may give notice to the buyer, before the date of actual completion, that he intends to take the net income from the property until completion. If he does so, he cannot claim compensation under condition 7.2.1 as well.
Late Completion. If as a result of any breach by the Buyer the sale and purchase is not completed on the Completion Date then, without prejudice to any other rights of the Seller:
(a) if the Deposit has been held as stakeholders it may at the option of the Seller then be held as agent for the Seller and the Seller's Solicitors may immediately pay the same to the Seller;
(b) the Buyer shall on demand pay interest on any sums due under this Agreement at the Contract Rate from the Completion Date until the later of completion and actual payment (after as well as before any judgment) calculated on a daily basis, both before and after any judgement; and
(c) the Buyer shall on demand pay the Seller’s Solicitors proper and reasonable costs, including Value Added Tax, for preparing and serving any notice to complete on the Buyer.
Late Completion. Subject to Section 9.10, in the event that Traffic Availability is not achieved until after the Traffic Availability Target Date, then:
(a) the Term shall expire 30 years from the Traffic Availability Target Date, that is, so that the Operating Period is less than 30 years; and
(b) Schedule 14 (Payment Schedule) shall not be adjusted or amended, except that:
(i) the Contractor is not entitled to any payment for any month prior to the month in which Traffic Availability is achieved but subject to the provisions of Sections 7.1(b), 11.7, 12.1(d), and 13.3(d); and
(ii) the Contractor is entitled to payment for the month in which Traffic Availability is achieved, based on the number of days from and including the day Traffic Availability is achieved until the end of that month; it being the mutual intent of the parties that in such event, both the Operating Period and the aggregate amounts of Capital Payments and O&M Payments payable over the Term shall be reduced in accordance with the foregoing.
Late Completion. 9.1 Without prejudice to any other right or remedy available to iTouch under this Agreement or at law, if Acceptance of the Licensed Software is not achieved on or before the date specified by which Acceptance is to be achieved then:
9.1.1 a) the iTouch Group shall at its choice be entitled to continue to use, free of charge but otherwise on the terms and conditions of the ASP Agreement, the Licensed Software and services provided under the ASP Agreement, until December 2003 or until Acceptance is achieved whichever is the sooner ,
9.1.2 b) any delay in Installation resulting from the sole fault of iTouch or third parties appointed by iTouch - including but not limited to mobile operators, fixed lines suppliers, hardware suppliers and service providers - shall incur a pro rata fee share of the sum of (pound)15,000 per calendar month for the continued use of the m-Wise ASP platform under the existing terms of the ASP agreement ;The sum of (pound)15,000 shall be reviewed by the parties after a period of 6 months has expired or
Late Completion. 10.1. If the Vendor fails to complete the Project by the Targeted System Completion Date, the Vendor shall pay to SATS, by way of liquidated damages, a weekly sum equivalent to one percent (1%) of the Contract Sum, commencing on the day after the Targeted System Completion Date and expiring on the Acceptance Date, subject to a maximum of ten percent (10%) of the Contract Sum. In the event that such delay is for a period of less than seven (7) days, the amount of liquidated damages payable shall be pro-rated accordingly. Such payment shall be without prejudice to the Vendor’s obligation to complete the Services as soon after the Targeted System Completion Date as possible.
10.2. If the Vendor fails to achieve completion of the System by more than ten (10) weeks after the Targeted System Completion Date, SATS shall be entitled to terminate this Agreement with immediate effect on giving written notice to the Vendor. Such right shall be without prejudice to any other rights or remedies SATS may have hereunder or at law.
Late Completion. For each day that Substantial Completion is delayed past January 31, 2008, Tenant shall be entitled to a credit as provided below against its Rent otherwise first falling due (exclusive of pre-paid rent) under this Lease during the Initial Term, except to the extent any such delay was caused by a Force Majuere Event. A "Force Majeure Event" means only acts of God, strikes, lockouts, labor troubles, inability to procure materials despite commercially reasonable efforts to do so, discovery of archeologically significant artifacts which halt construction, reasonably unforeseen sub-surface conditions materially delaying project excavation, acts of civil or military authorities, fires, floods and earthquakes. Landlord shall notify Tenant in writing of each delay Landlord contends was caused by a Force Majeure Event within ten (10) business days of its occurrence, describing the impact on the then current construction schedule. More specifically:
Late Completion. If commencement of construction does not occur on or before the Outside Construction Commencement Date and/or Commercial Operation does not occur on or before the Outside Commercial Operation Date for any reason other than User’s failure to perform its obligations hereunder, Contractor shall pay to User lost revenues plus User’s administrative costs as the basis for damage (“Delay Liquidated Damages”), as set forth in the Special Terms and Conditions attached as Exhibit F. Notwithstanding the foregoing, Contractor shall not be responsible for Delay Liquidated Damages in the event that Contractor cannot satisfy the Outside Construction Commencement Date and/or Outside Commercial Operation Date milestone because Contractor lacks a permit, approval or Interconnection Agreement necessary to commence construction and/or Commercial Operation of the PV System, and Contractor is utilizing Commercially Reasonable efforts to secure such permit, approval or Interconnection Agreement. The Parties recognize the delays, expense and difficulties involved in proving the actual losses or damages in a judicial or other proceeding, and agree that the Delay Liquidated Damages are reasonable compensation to User. Payment of Delay Liquidated Damages shall not preclude User from seeking other damages at law or equity to which it may be entitled as a result of Contractor’s failure to achieve commencement of construction on or before the Outside Construction Commencement Date and/or Commercial Operation on or before the Outside Commercial Operation Date.
Late Completion. If the Contractor fails to complete the Works within the Time for Completion, the Contractor’s only liability to the Employer for such failure shall be to pay the amount of MUR ………………….. for each day for which he fails to complete the Works. When the Employer considers that the Contractor has completed the Works, the Employer shall issue a Taking-Over Notice, and shall take over the Works accordingly. After taking over, the Contractor shall promptly complete any outstanding works and clear the Site. The Defects Liability Period shall be of a duration of 180 days, which shall commence as from the date of taking over of the Works by the Employer. The Employer may at any time prior to the expiry of the Defects Liability Period, notify the Contractor of any defects or outstanding work. The Contractor shall remedy at no cost to the Employer any defects due to the Contractor’s design, Materials, Plant or workmanship not being in accordance with this Contract. Failure to remedy any defects or complete outstanding work within a reasonable time of the Employer’s notice shall entitle the Employer to carry out all necessary work at the Contractor’s cost.
